Uruguay yesterday was one step away from being the second country in Latin America after Argentina, to approve gay marriage. The project voted by a large majority in the Senate does not allow marriage to children under 16 years.
Senators from all political parties raised their hands to approve the project called "gay marriage." The initiative will be discussed in the Lower House on Wednesday 10, at that time it must accept or reject the changes that made the Senate.
The initiative has enough votes to win approval in the Lower House. Thus gay marriage will become law and Uruguay would be the second country in Latin America after Argentina, to incorporate this legislation.
After nearly eight hours of debate in the Senate, the vote on the draft ended 23-8. No initiative nationalists joined Sergio Abreu, Juan Chiruchi, Eber Da Rosa, Francisco Gallinal, Ana Lia Piñeyrúa, Carlos Moreira and Jorge Saravia, and Alfredo Solari colorado.
The project of "equal marriage" allows marriage between same sex. Homosexual couples are entitled to adopt children or conceive through in vitro fertilization techniques. The only requirement for spouses is signing a contract "legal offspring", which assume the rights and obligations as parents.
The rule passed yesterday in the Senate changes the requirements for marriage. Under Article 91 of the Civil Code to marry women should be 12 years of age and men 14, with the new initiative can not be under 16. However, up to 18 years of age will require parental consent for marriage, told El Pais Senator Rafael Michelini (New Space).
This amendment drafted by Sens. Constanza Moreira (Space 609) and Ope Pasquet (Vamos Uruguay) seeks to address an observation that Uruguay had made several international organizations, explained these legislators.
The project provides for the right to any parent (whatever their marital status and age) to recognize his son. However, parents under 16 may not submit valid acknowledgments without court approval.
On the other hand, changed the grounds for divorce. Is added as grounds for separation the "single will of either spouse" rather than "the mere will of the woman" currently enshrined in the Civil Code.
In relation to the surname, the initiative allows parents (both gay and straight) to agree on the order of names of their children. What some legislators of the Broad Front called an "achievement" versus a "patriarchal".
Although the bill passed in the Lower House was unchanged in December, several senators said contains "errors" and "horrors" that blend into one project to marriage, in vitro fertilization and adoption. In this regard several senators warned for the violation of children's rights.
Solari questioned the "rush" of the Frente Amplio to vote and noted that the initiative "will cause more damage to the group that seeks to protect. When wishing to exercise their rights, are going to be faced with situations that judges are not going to solve, not because they want to but because the law does not specify the output ".
Colorado Senator said that Article 14 (which creates the legal offspring) is "riddled with errors". He added that the rule refers to children who can be adopted by homosexuals, but does not speak of the children prior to the couple. Also asked what happens if one of the people who agreed to the legal offspring, as in any contract, ask to resign and does not take the commitment.
"What if one of the members of the couple change their minds? Do men can rent a womb to be his son? There are minor questions or banal situations, that child is going to have to deal with it and there throughout this article, a mention in the best interests of the child, "he said Solari.
Carlos Moreira (National Alliance) said that "in the subject filiation lies the main problem of the project. We travel a rough road that contains a number of structural defects. "
Luis Alberto Lacalle (National Unity) said the project should not be called marriage or not equal. He recalled that the etymology of the word marriage (matris munium) is tied to motherhood of women.
"The law can not change things by changing a label. Here we are distorting the word marriage is full of individual liberty have associations that want, but unless you have the desire to blur the word marriage can not it say something it does not say, "Lacalle said.
The senator also questioned the adoption of children by same-sex couples. "The concept is to give the child a family and a child to the family, I think it is appropriate to enable the adoption by same-sex couples," he said.
Lacalle was forced off of room before voting against-yesterday traveled to Miami, United States, and therefore voted his deputy, Ana Lia Piñeyrúa.
In opposition, Luis Alberto Heber nationalists, and Gustavo Jorge Larrañaga Penadés, colorado Ope Pasquet and argued for.
In ranks of officialdom, Baráibar Carlos said he was "radically opposed" and said he was in favor of the project's deputy Gustavo Borsari, which authorizes civil unions between same sex. It also considered that the project "should not venture into the issue of adoption, because it is very complex."
"I'll be licensed and party man enter my alternate to vote. I want this to be an example for when someone has a disagreement, let us address the internal differences and not by the media, "said Baráibar.
Holland was the first
Legal marriage between homosexuals began to be adopted by countries around the world with the beginning of the XXI century. The Netherlands, in 2001, were the pioneers in this area and in the first four years there were more than 6,000 marriages between same sex. Then joined Belgium in 2003, Spain and Canada in 2005, South Africa in 2006, Norway in 2009, Portugal, Iceland and Argentina in 2010 and Denmark in 2012. Meanwhile, in U.S. is legal in 11 jurisdictions, Massachusetts the first having been in 2004.
There are other legal figures contemplating the coexistence of people of the same sex. This is the case of civil unions, which governs figure in Uruguay and numerous other countries. In fact, many of the rights granted and obligations assumed heterosexual marriage.
WHAT DOES THE PROJECT APPROVED
It creates a single institution of marriage and civil unions enables same sex.
It increases the required age for minors to marry. Non-union before age 16 for both men and women. All children require parental consent to finalize the legal union.
When the marriage had lasted over a year, the former spouse will be required to contribute to the support of his former partner not guilty of separation. The financial rewards will be paid for a period equal to the duration of marriage.
The spouse who is in a situation of poverty has a right to be rescued "with what you need for your modest lift", although he had been commissioned to seek divorce.
Also may seek alimony if the marriage lasts less than one year, provided that the spouse can prove that he was responsible for domestic tasks.
Homosexual couples should sign an agreement prior to the adoption or birth of your child. Where the use of assisted reproduction techniques, the agreement must be signed prior to the fertilization of the egg.
Spouses who take the said agreement called "legal offspring" assume their rights and responsibilities as parents.
Heterosexual parents can choose the order of names of their children, provided they do so in concert. Otherwise remains first name of the father.
The children of homosexual couples take the surnames in the order that their parents deem appropriate. In the absence of agreement, the order shall be determined by lot at the time of enrollment in the Registry.
In all cases the order of names chosen for the first of the children shall apply to the rest of the brothers.
During the minority of the child may challenge their relationship filiatoria within five years to claim their legal rights. No limits are set to the identity of biological parents, which can be accessed "anytime".
Either spouse, male or female, can apply for divorce. This changes the current legislation, as in the Civil Code envisaged "the sole discretion of the woman."
It establishes as grounds for divorce changing gender identity, when it occurs after the marriage.